Understanding child custody terms
In the United States, a variety of child custody arrangements are possible. Each state has unique custody laws, and each family's situation must be evaluated separately to determine what's best for everyone involved. The following explanations may help you understand some of the most common terms related to child custody.
Forms of custody
The two most common forms of custody are sole custody and joint custody.
With sole custody, a child lives with one parent and has visitation with the other parent, who is often referred to as the noncustodial parent. The visitation schedule may be arranged between the two parents or determined through the courts.
With joint custody, the child divides his or her time between the parents. Each family works out a unique schedule, which may not provide equal time for both parents. In many joint custody cases, children spend most of their time with one parent, but have frequent and liberal time with the other parent.
The courts also distinguish between physical custody, legal custody and split custody.
Physical custody refers to which parent the child lives with. A parent may have sole physical custody or joint physical custody.
Legal custody provides the authority to make important decisions for the child, such as those surrounding education, medical care, religious training and so on. With sole legal custody, one parent is granted full authority and requires no input from the other parent. More commonly, however, parents have joint legal custody and share the responsibility for making important decisions in the child's life.
Split custody is a less common form of custody in which each parent has full physical custody of one or more of the children. This arrangement is not as popular because courts are often reluctant to split up siblings.
Considerations
Custody issues are often a major source of conflict during divorce. Seek expert advice from an attorney or mediator as you work toward a custody agreement. Also seek emotional support for yourself and your children if necessary.
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